Archived
Need to be appointed legal rep of father's estate, I live in CA he passed in FL in 1983. how do I begin probate petition?
Joseph's answer
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Answered on July 15, 2015
Agreed, you need to speak with an attorney and many offer free consultations. Something you'll need to keep in mind is if your father was a FL...
Archived
Is there any problem free way to leave my Florida homestead property to only one child in an estate plan?
Joseph's answer
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Answered on July 14, 2015
I agree with my colleague's response. I would add that there are ways to dispose of homestead freely with a spouse and/or minor children through...
Archived
Turst funds protection
Joseph's answer
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Answered on July 14, 2015
A self-settled trust, which means a trust you create for your own benefit, has no creditor protection in Florida. There are some states that offer...
Archived
Do i need a personal attyfor a probate? My sister hired the probate attny and she lives in my parents house and getting rid of s
Joseph's answer
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Answered on June 14, 2015
I'm sorry for your loss. If your sister is not sharing information and starting to dispose of assets, then you should hire your own attorney. He or...
Archived
Does my mom have any rights to the property she has lived in for the last 50 years with her partner when her partner just died.
Joseph's answer
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Answered on June 11, 2015
Unfortunately, if your mother's name is not in the deed, then The property will pass according to his estate plan (will if he has one). If he has a...
Archived
Is property (the Homestead) in a will allowed to be altered/improved before the Probate has been finalized?
Joseph's answer
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Answered on June 07, 2015
Your sister can use assets of the estate to maintain property, however, unnecessary improvements would not permissible. During the course of the...
Archived
Dad died and willed my Mom 1/7th of a condo in Florida.
Then my Mom died in NC. Do I have to probate her will in NC AND FL?
Joseph's answer
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Answered on June 06, 2015
Based on those facts, yes you will need a probate in Florida to transfer legal title. At dad's death, requires a probate to transfer to kids and...
Archived
My dad's house in probate what can I do?
Joseph's answer
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Answered on June 06, 2015
The first issue to be determined is whether the property was homestead or not. Homestead is a complicated issue and you should sit down with an...
Archived
Is an "Heir Search" company entitled to 20% or ANY money, if not engaged by me?
Joseph's answer
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Answered on June 06, 2015
You need to sit down with an attorney so they can review the original agreement. I would not sign anything until you've been properly advised....
Archived
My mother has a small house that is worth maybe $20K. She says that it will not have to go through Probate in Fl. Is this true?
Joseph's answer
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Answered on June 05, 2015
Regardless of value, probate is necessary to transfer legal title upon death. If a trust is used, the house may then be transferred to the trust...
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